California, United States of America
The following excerpt is from Moore v. Anderson Zeigler Disharoon Gallagher & Gray, 135 Cal.Rptr.2d 888 (Cal. App. 2003):
In Lucas v. Hamm, supra, 56 Cal.2d 583 (Lucas), the court determined that negligence in the drafting of a will that caused a bequest to plaintiff-beneficiaries to be invalid could entitle the beneficiaries named in the will to bring an action against the drafting attorney.3 The court stated: "We are of the view that the extension of [the attorney's] liability to beneficiaries injured by a negligently drawn will does not place an
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undue burden on the profession, particularly when we take into consideration that a contrary conclusion would cause the innocent beneficiary to bear the loss." (Id. at p. 589; see Garcia v. Borelli (1982) 129 Cal.App.3d 24, 32; see also Rest.3d Law Governing Lawyers 51(3) and com. f.)
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